authoring software and IP owernship

John Lederer raises a very interesting issue of man-machine authorship. I say so because in the 80's when graphics software was coming into mainstream use a conceptual but real tug of war arose between the developer's who created a new visual function (say a "fish scale" stippling that could be applied to any work) and the author's who use the tool to create a work of visual art.

One framing of the issue was "Does the artist have to cite/credit the program?" Imagine the artist and the owner of the software tool being credited: "Copyright Van Gogh/Corel 1989, All Rights Reserved. Grazie Tanto."

Well, we know what prevailed. The software and code were deemed a implement for use by an artist and the implement or tool was given protection. But the protection and rights of the toolmaker did not extend into the work wrought by an artist wielding the tool.

John's Cyber-Bond Episode 38 is a more complex example and co-authorship or joint work might be arguable.

Jamie Powers
IP Policy
Wilkinson Barker Knauer, LLP
<jpowers[_at_]wbklaw.com> Received on Wed Jun 07 2000 - 16:07:11 GMT